Click here to view the decision.
58 FLRA No. 17
U. S. Dept. of The Army, Corpus Christi Army Depot, Corpus Christi, Texas and AFGE, Local 2142 and NFFE, Local 797 and International Association of Machinists and Aerospace Workers, Lodge 2049 (Barnard, Arbitrator), 0-AR-3309 (Decided September 13, 2002)
In this case, the Arbitrator awarded attorney fees under the Back Pay Act, 5 U.S.C. § 5596. Subsequently, the Arbitrator sent statements to the parties billing them for the storage of records from the underlying arbitration. The Authority found that the billing statement was deficient, and set it aside. With respect to the award of fees, the Authority remanded the award of attorney fees for non-attorney staff. Otherwise, the Agency's exceptions to the award of fees was denied.
The Authority concluded that the Agency failed to establish that the award of statutory attorney fees was deficient on the ground that attorney fees were not incurred. The Agency also failed to establish that the hourly rates awarded by the Arbitrator were not reasonable, and that the award was deficient on the ground that it did not satisfy the interest-of-justice standard. However, the Authority remanded the award for further proceedings regarding the services of non-attorney staff.